said Special Officer (Building)
has allowed the demolition proceeding in part and
refused to pass any demolition order in respect of the
newly constructed ... upon hearing the parties, on first
occasion, passed the following order :-
" ORDERED
this demolition proceeding is allowed in part
lives. By reading the impugned
order as a whole he concluded that in substance the order of
demolition was passed under Section ... part of the impugned order and as
such the impugned order cannot be constructed as an order
passed under Section 223 of the said
recording
that since the order of demolition has not been appealed against,
execution of the said demolition order, cannot be resisted. The said
writ petition ... order of demolition.
Accordingly, the petitioner has come before this court.
There is nothing on record to show that either the demolition
order which
said FIR. A1 denied that when after passing of demolition order,
when the file (M141/09) came back to the seat ... evidence, he deposed that he had pasted show
cause notice and demolition order on the portion of property no. 2237,
Shadi Khampur, Ranjeet Nagar
taking demolition action against properties mentioned therein.
After JE (Bldg.) registers FIR, demolition notice is issued by AE (Bldg.).
Thereafter demolition order is issued ... that owner
of property had already carried out rectifications/demolitions in terms of
demolition order. He admitted that in statements recorded
Shrotriya made false
notings that partial demolition of the properties had been carried out in
pursuance of demolition orders passed in respective files. The fact ... other
entries in the demolition register, demolition could not be carried since
truck was out of order and entry in this regard is available
Shrotriya made false
notings that partial demolition of the properties had been carried out in
pursuance of demolition orders passed in respective files. The fact ... reporting of demolition by concerned
JE. He further proved entry made at point A on page no. 5 of
demolition order
Shrotriya made false
notings that partial demolition of the properties had been carried out in
pursuance of demolition orders passed in respective files. The fact ... further deposed that there is another entry dated 19.02.03
regarding demolition on demolition order dated 11.02.03 at point X
which shows that demolition action could
Shrotriya made false notings that partial
demolition of the properties had been carried out in pursuance of
demolition order passed earlier. The fact that notings ... demolition order is issued to carry out demolition at the
site. He further proved the demolition order issued on 17.04.2002
(Ex.PW4/E) bearing
Ajay Kumar Shrotriya & Anr. 3
pursuance of demolition orders passed in respective files. The fact
that notings were false is stated to be corroborated ... carried out demolition at premises in
question but did not raise any charges for demolition. Further, no
entry relating to the demolition of the property
